Court Structure
The Three Tracks
All defended cases are allocated to one of three tracks:
Small Claims Track: Most claims under £5,000. NOTE: the normal limit for housing disrepair cases and personal injuries.
Fast Track: Claims for between £5,000 and £25,000, although cases of this amount involving complex points of law and/or evidence can be allocated to the multi- track.
Multi Track:Claims for over £25,000, or for lesser money sums where the case involves complex points of law and/or evidence.
Civil Courts
Civil matters are heard at first instance (i.e. not appeals) in either the County Court or High Court. The County Court hears all Small Claim and Fast Track cases. County Courts designated as ‘civil trial centres’ may also deal with claims allocated to the Multi Track. Unless the parties agree, cases above £50,000 in value are not usually tried in the County Court.
The High Court has three divisions, namely:
Queens Bench: for contract and tort claims
Chancery: for disputes involving equity matters such as mortgages, trusts, copyrights, and patents.
Family: for matrimonial-related disputes and cases relating to children.
Procedure
The Civil Procedure Rules 1999 set out the rules for each stage of a case. The Rules aim to ensure that, when people sue or are sued, they obtain justice. Parties are encouraged to disclose the facts of their case prior to starting any court case. A Pre-Action Protocol must be followed. All claims less than £15,000 must be started in the county court. Claims for more than this amount can be started in either the High court or the County Court, except personal injury claims